FY1992 09/18/1991BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 743-9036
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CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 294-4641
October 17, 1991
Mrs. Sandra Higgs
Monroe County Tourist Development Council
Post Office Box 866
Key West, FL 33041
Dear Mrs. Higgs:
BRANCH OFFICE
P.O. BOX 379
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-9253
On September 18, 1991, the Board of County
Commissioners of Monroe County approved and authorized exe-
cution of a Local Major Events Agreement with Holiday Isle
Resorts & Marina for the Islamorada-Holiday Isle Gran Prix
Series on October 20th. Please note that this document was
just received by this office today for processing and
transmittal.
Enclosed are two duplicate originals of the sub-
ject Agreement, now executed and sealed by all parties. One
duplicate original should be returned to Holiday Isle
Resorts & Marina. Please note Paragraph 12 concerning
insurance requirements and the necessity for a certificate
to be received not later than twenty days prior to the
event.
Sincerely yours,
Danny L. Kolhage
Clerk of Circuit Court
and ex officio Clerk
Board of County Commissioners
r
By:
Rosalie L.-Cpffinolly
Deputy Clerk
Enclosures
cc: County Attorney
County Administrator
Finance Director
File
� 4 �
F,L.En
LOCAL MAJOR EVENTS AGREEMENT
'91 GG 1. 17 P 3 :3 ? HOLIDAY ISLE RESORTS & MARINA
THIS AGREEMENT is entered into this IM day of rj 1991, by
and between BOARD OF COUNTY COMMISSIONERS, MONROE CO Y, FLORIDA,
(BOCC) and Holiday Isle Resorts & Marina.
NOW, THEREFORE, and in consideration of the mutual covenants,
contained herein the parties agree as follows:
1. The BOCC agrees to pay up to five thousand dollars ($5,000) for the
Islamorada-Holiday Isle Gran Prix Series, October 20, 1991 from tourist
development tax funds. (See Exhibit A)
2. Scope of Services: Holiday Isle Resorts & Marina agrees to provide
the County with a one (1) day event as specified in the Scope of Services which
is incorporated by reference (see Exhibit B).
3. All advertising and public relations services or supervision of
advertising and public relations will be provided through the contracted
agencies of the TDC/BOCC. The agencies of record, Tinsley Advertising and
Stuart Newman Associates shall receive payment of work in progress upon
submission of documented invoices associated with said event.
4. Payment: Any payments directly to Holiday Isle Resorts & Marina
or vendors associated with said event shall be as follows:
Payment upon presentation of an invoice shall indicate the task
completed for which payment is sought, with proper documentation attached.
Upon completion of said event, a financial statement detailing all
revenue and expenses utilizing generally accepted accounting principals shall
be prepared, notarized and submitted by event sponsor. Stuart Newman
Associates (or alternative) shall confirm compliance with the Scope of Services.
All payments are specifically contingent upon availability of TDC
funds. Only acceptable expenses listed in the Monroe County Tourist
Development Council Operations Manual shall be paid.
1
5. Accounting: Financial records of Holiday Isle Resorts & Marina
pertaining to this project shall be kept on generally recognized accounting
principles and shall be available to the BOCC or to an authorized representative
for audit.
6. Modification: Additions to, modifications to, or deletions from the
Scope of Services set forth in this contract may be made only by written mutual
agreement, recommended by the TDC and approved by the BOCC.
7. Breach and Penalties: The parties agree to full performance of the
covenants contained in this contract, and the BOCC reserves the right at its
discretion, provided such breach is material to terminate the services in this
contract for any misfeasance, malfeasance, or nonperformance of the contract
terms or negligent performance of the contract terms by Holiday Isle Resorts &
Marina.
8. Termination: 120 days after the date of the event, the contract will
be terminated. All invoices must be submitted within the 120 day period.
9. Non Occurrence of Event: If the event does not take place, for any
reason under control of Holiday Isle Resorts & Marina except for those reasons
in paragraph 21, then Holiday Isle Resorts & Marina agrees to refund to the
BOCC any amounts already paid to them or their vendors, and relieve the BOCC
from any further payments.
Event sponsor shall give written notice to the Monroe County Tourist
Development Council if it is found necessary to cancel an event. The notice shall
contain the following specifics: 1) reason for cancellation, 2) substantiation of
the reason for cancellation and 3) person authorized to cancel including title and
stated affiliation.
10. Risk of Loss: Holiday Isle Resorts & Marina agrees to relieve
Monroe County of all risks for loss or damage during the event not caused by
BOCC or its agents.
11. Indemnification and Hold Harmless: Holiday Isle Resorts & Marina,
agrees to indemnify and hold Monroe County harmless for any and all claims,
liability, losses and causes of action which may arise out of the fulfillment of the
agreement.
Fa
It agrees to pay all claims and losses and shall defend all suits filed
due to the negligent acts, errors or omissions of Holiday Isle Resorts & Marina
employees and/or agents, including related court costs.
12. Insurance Requirements: Holiday Isle Resorts & Marina, shall carry
during the term of this agreement public liability insurance, including bodily
injury and property loss damage to cover all claims, demands or actions by any
person or entity in anyway arising from the operation, of this event(s). Such
liability insurance shall be in an amount not less than $1,000,000. Monroe
County shall be named as additional insured under the insurance policy and
such insurance shall be primary and noncontributing with any insurance
carried by the County. Holiday Isle Resorts & Marina, shall furnish the County
with a certificate evidencing the insurance required by this paragraph not later
than twenty (20) days prior to the event.
13. Permits: Holiday Isle Resorts & Marina will secure all required
permits, licenses including but not limited to occupational licenses.
14. Laws and Regulations: It shall be understood and agreed that any
and all services, materials and equipment shall comply full with all Local, State
and Federal laws and regulations.
15. Taxes: The BOCC/TDC is exempt from Federal Excise and State of
Florida Sales Tax.
16. Finance Charges: The BOCC/TDC will not be responsible for any
finance charges.
17. Relation of BOCC/TDC: It is the intent of the parties hereto that
Holiday Isle Resorts & Marina, shall be legally considered as an independent
contractors and that neither it nor its employees shall, under any
circumstances, be considered servants or agents of the BOCC/TDC and the
BOCC/TDC shall at no time be legally responsible for any negligence on the part
of said successful proposer, its employees or agents, resulting in either bodily or
personal injury or property damage to any individual, firm, or corporation.
C
18. Disclosure: Holiday Isle Resorts & Marina shall be required to list
any or all potential conflicts or interest, as defined by Florida Statute 112 and
Monroe County Ethics Ordinance. Holiday Isle Resorts & Marina, shall disclose to
the BOCC/TDC all actual or proposed conflicts of interest, financial or otherwise,
direct or indirect, involving any client's interest which may conflict with the
interest of the BOCC/TDC.
19. Assignment: Holiday Isle Resorts & Marina, shall not assign,
transfer, convey, sublet or otherwise dispose of this proposal, or of any or all of
its right, title or interest therein, or his or its power to execute such contract to
any person, company or corporation without prior consent of the BOCC/TDC.
20. Compliance with laws - Nondiscrimination: Holiday Isle Resorts &
Marina, shall comply with all federal, state and local laws and ordinances
applicable to the work or payment for work thereof, and shall not discriminate
on the grounds of race, color, religion, sex, age, or national origin in the
performance of work under this Agreement. This Agreement shall be subject
to all federal, state, and local laws and ordinances.
21. Force Majeure: Holiday Isle Resorts & Marina, shall not be liable
for delay in performance or failure to perform in whole or in part, the services
due to the occurrence of any contingency beyond its control or the control of
any of its subcontractors or suppliers, including labor dispute, strike, labor
shortage, war or act of war whether an actual declaration thereof if made or
not, insurrection, sabotage, riot or civil commotion, act of public enemy,
epidemic, quarantine restriction, accident, fire, explosion, storm, flood, drought
or other act of God, act of any governmental authority, jurisdictional action, or
insufficient supply of fuel, electricity, or materials or supplies, or technical
failure where Holiday Isle Resorts & Marina, have exercised reasonable care in
the prevention thereof, and any such delay or failure shall not constitute a
breach of the Agreement. Upon demand of TDC, Holiday Isle Resorts & Marina,
must furnish evidence of the causes of such delay or failure. Holiday Isle
Resorts & Marina, shall not resume its performance hereunder unless provided
for in the Scope of Services.
22. Governing Law/Venue: This Agreement shall be governed and
construed by and in accordance with the laws of the State of Florida and
constitutes the entire agreement between the BOCC and Holiday Isle Resorts &
Marina.
4
23. Security Protection: The sponsor agrees to provide adequate
security for the event. No TDC funds will be used for this purpose.
24. Antisolicitation: Holiday Isle Resorts & Marina warrants that it has
not employed, retained or otherwise had act on its behalf any former County
officer or employee subject to the prohibition of Section 2 of Ordinance No.
010-1990 or any County officer or employee in violation of Section 3 of
Ordinance No. 010-1990. For breach or violation of this provision the County
may, in its discretion, termination this contract without liability and may also,
in its discretion, deduct from the contract or purchase price, or otherwise
recover, the full amount of any fee, commission, percentage, gift, or
consideration paid to the former County officer or employee.
25. Ownership: All advertising and promotion work performed under
the contract and paid for by the BOCC/TDC shall be the property of the
BOCC/TDC, for whatever use and/or disposition the BOCC/TDC may deem
appropriate.
26. Media rights: The TDC shall have the exclusive right to broadcast,
rebroadcast, use, reproduce or transmit for any purpose whatsoever, radio,
television, pictures, sound, film and tape motion pictures and still photographs
paid by the BOCC/TDC under this contract.
27. Logo: All promotional literture and display advertising with the
exception of generic advertising must display the Florida Keys and Key West
logo/trade mark (as per enclosed).
28. Severability: If any provision of this Agreement shall be held by a
Court of competent jurisdiction to be invalid or unenforceable, shall not be
affected thereby; and each provision of this Agreement shall be valid and
enforceable to the fullest extent permitted by law.
29. Authority: Each of the signatories for the sponsor below certifies
and warrants that:
a) The sponsor's name in the agreement is the full name as designated in
its corporate charter, and b) they are empowered to act and contract for the
sponsors and c) this agreement has been approved by the sponsor's Board of
Directors.
IN WITNESS WHEREOF, the parties hereto have executed this agreement
the day and year first above written.
(SEAL)
Attest: Ijblid e Resorts & Marina
NOTARY PUBLIC, STATE OF FLORIDA
At Large My Commission Expires
(S A Nov 26, 1994 Bonded By western
Surety Co.
Atte ' DANNY L. OLHAGE, Cler •
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
MAYOR/CHAIRMAN
APPROVED AS rO FORM
AND L AL S FY. ICIENC
B
Attomeya Office
Date /p — / —
R
EXHIBIT 'A'
THE ISLAMORADA-HOLIDAY ISLE GRAN PRIX SERIES
ADVERTISING:
IN -COUNTY $ 19095.00
OUT -OF -COUNTY 29700.00
RADIO:
IN -COUNTY $ I j 00.00
OUT -OF -COUNTY 29400.00
$ 7,295.00
7
EXHIBIT 'B'
SCHEDULE OF EVENTS
ISLAMORADA HOLIDAY ISLE GRAN PRIX SERIES
Saturday
Evening
- Racers
and Officials begin
arriving in Islamorada
Sunday
8 a.m. -
10 a.m.
Racers register in
the Quarterdeck Lounge
10:30 a.m. Drivers meeting in Quarterdeck - all
drivers must be present.
Noon First heat of races begin
4:00 p.m. Races end
5:00 p.m. Awards Ceremoney Begins
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CONTRACT FACESHEET
ORGANIZATION:
NAME OF EVENT:
1. Date of DAC Approval:
2. Date of TDC Approval: &-/-/Zz
3. Contract Written:
a. Legal Sufficiency:
b. OMB / Purchasing / Risk Mgmt:
c. Contract/Signature: Out:
Contract Returned: In:
4. Date of BOCC Approval:
5. Date of Clerk: Out:
Date Returned: In:
6. Executed Copy to Applicant:
7. Effective Date of Contract:
8. Expiration Date:
9. Term of Contract:
10. Cancellation Clause:
11. Scope of Services:
12. Amount of Contract:
13. Fund: Line Item Number:
14. Payment Processed: AMT/ Date:
AMT/ Date:
AMT/ Date:
AMT/ Date:
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S«VORN STATEMENT UNDER SECTION 297.133(3)(a),
£LORiDA S'i'A 1Tt:S_ ON PUBLIC ENTITI' CRIMES
THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER
AUTHORIZED TO ADMINISTER'OATHS.
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L This sworn statement is submitted with Bid, Proposal or Contract No.
for
Z 'This sworn statement Is submitted by7 ✓��
t Inama of ehdtY submi" sworn statement)
whose business address is
and
(if applicable) its Federal Employer Identification Number (FEIN) is 5"9-
(If the entity has no FEIN, include the Social Security Number of the individual signing this sworn
statement:
3• My same
[plesse print name of Individual signing] and my relationship to the
entity named above is
4. I understand that a •public entity Crime' as defined in paragraph 287.133(1)(g), Florida Statute& means a violation of any state or. federal law by a person with respect to and directly related to the
transaction of business with any public entity or with an agenry or political subdivision of any other
state or with the United States, including, but not limited to, any bid or contract for goods or
services to be provided to any public entity or an agency or political subdivision of any other state
or of the United States sad involving antitrust, fraud, theft, bribery, collusion, racketeering,
conspiracy, or material misrepresentation.
5. I understand that 'convicted• or 'Conviction" as defined in paragraph 287.133(i)(b). Florida Statutes.
means a finding of guilt or a conviction of a public entity crime, with or Without an adjudication of
Wt. In any federal or state trial court of record relating to charges brought by indictment or
or IIolO contendere.
information after July 1, 2989, as a result of a jury verdict, nonjury trial, or entry of a plea of Wry
6. I understand that an •affMte• as defined in Paragraph 287.133(1)(a), Florida Statutes means:
L A predecessor or successor of a person convicted of a public entity crime: or
2 An entity under the control of any natural person who is active in the management of the
entity and 'who has been convicted of a public entity crime. The term "affiliate' includes those
officers, directors, executives, partners, shareholders, employees, members, and agents who are active
in the management of an affiliate. The ownership by one person of shares constituting a controlling
interest in another person, or a pooling of equipment or income among persons when not for fair
market value under an arm's length agreement, shall be a prima fade case that one person controls
another person. A person who knowingly enters into a joint venture with a person who has been
convicted of a public entity crime in Florida during the preceding 36 months shall be considered an
affiliate.
7• 1 understand that a "persons as defined in Paragraph 287.133(1)(e), Florid Sta tes. means any
natural person or entity organized under the laws of any state or of the United States with the legal
power to enter into a bin
letding contract and which bids or applies to bid on contracts for the provision
Of goods or services by a public entity, or which otherwise transacts or applies to transact business
with a public entity. The term 'person" includes those officers, directors, exe
shareholders, employees, members, and agents who are active in management ofan entinpartners,
8• Based on information and belief, the statement which I have mark
ed below entity submitting this sworn statement. [Piense Indicate which statement appliees.) relation �o the
.....� r..a,.uuau►� uali iwNJu "4kctnen !. ` ►, not' aAy officers, directors, exec�tfvi;s;
artners, shareholders, employees. members; or agents who are active in management of the entity,
nor any affiliate of the entity have beta charged with and convicted of a public entity crime
subsequent to July 1, 1989.
Tice entity submitting this sworn statement, or ,one or more of the officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in management of
the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime
subsequent to July 1, 1989, AM [Please Indicate which additional statement applies.]
_ There has been a proceeding concerting the conviction before a hearing'officer of
the State of Florida, Division of Administrative Hearings. The final order entered by the
hearing officer did not place the person or affiliate on the convicted vendor list. [Please
attach a copy of the final order.]
_ The person or affiliate was placed on the convicted vendor list. There has been a
subsequent proceeding before a hearing officer of the State of Florida, Division of
Administrative Hearings. The final order entered by the hearing officer determined that it
was in the public interest to remove the person or affiliate from the convicted vendor list.
[Please attach A copy of the final order.]
The person or affiliate has not been placed on the convicted vendor list. [Please
describe any action taken by or pending wi� Department of Viral Services,]
Dat�:�_ IV 4LI Ll
b
STATE OF
COUNTY OF
_ PERSONALLY APPEARED BEFORE ME, the undersigned authority, `
[name �Indlviidual igning] who, after first being sworn by me,.affixed his/her signature
in the space provided above on this �day of 11 19_qL.'_
�(-
My commission expires:
NOTARY PUBLIC, STATE OF FLORIDA
At Large Myy C�ommission Expires
Nov. 28,18,4� By Western
Fo .: - PUR 7068 (Rev. 11/89)